Pregnant and Earning Over 10,000: Can I Still Get Maternity Benefits Under ESIC?

Hi to all of you!

I am working in an organization that is covered under ESIC. I have been working for the last 2 years in the same company, and my gross salary is currently 12000/- per month.

Now, I am pregnant and seeking maternity benefits. Is it possible for me to receive the same benefits as my salary is greater than 10,000/-?

Kindly advise.

Thanks.

Dear,

If you are not covered under the ESI Act, 1948, then in that case only benefits available under the Maternity Benefit Act, 1961 will be given to you. If a better maternity benefit policy is in place in your establishment, then you will receive those benefits.

With Regards,
R.N.Khola

Hi,

I don't think you are eligible as per the ESI Act because your gross salary is more than 10,000/-. If there is any medical policy as per your company norms, obviously, you can benefit from it. The management has to provide paid 3-month leave for post and prenatal care for only two children.

Please suggest if I am wrong.

Regards,
Ramnath

Dear Ramnath,

Under which Act are you restricting the benefit to only two children?

With Regards,
R.N.Khola

ramnathmsw1976 said:
Hi..
I don't think you are eligible as per the ESI Act because your gross salary is more than 10000/-. If there is any medical policy as per your company norms, obviously, you can benefit from it. The management has to provide paid 3-month leave for post and prenatal care for only two children. Please suggest if I am wrong.

Regards,
Ramnath

Since when are you on a gross salary of more than Rs.10,000 per month? If you received a raise during the Contribution Period (ESI), you will continue to be covered under the ESI Scheme until the end of the said Contribution Period, even if your gross salary is more than Rs.10,000. In such an eventuality, you will not be eligible for benefits under the Maternity Benefits Act.

I will offer further clarification: Under the ESI Scheme, there are two Contribution Periods of six months each:

1. 1st April to 31st Sept.
2. 1st Oct. to 31st March.

If you were on a gross salary of Rs.10,000 or less per month at any time during the above-mentioned Contribution Periods, you will continue to be covered under the ESI Scheme until the end of the Contribution Period. Only after the end of the relevant Contribution Period will you be taken out of coverage under the ESI Scheme.

Once you are out of the coverage of the ESI Scheme, you will be entitled to benefits under the Maternity Benefits Act.

Best Wishes, Vasant Nair

When you are getting more than ₹10,000 for the last two years, you are not an employee under Section 2(9) of the ESI Act. Hence, you are not entitled to M.B under the ESI Act.